Friends, family defend man on trial for alleged sniper-style slaying in Chico

OROVILLE -- The defense began its case Tuesday in the trial of a Chico man charged for an alleged sniper-style shooting in September 2011.

In addition to having several police officers testify in Butte County Superior Court about the investigation, defense attorney Jodea Foster had several friends and family members of defendant Jeffrey James Menzies, 29, testify he wouldn't be capable of killing victim David Yang, then 26, in cold blood.

Menzies is charged with murder and faces the special circumstances he was lying in wait and used a rifle causing death. If convicted, he could be sentenced to life in state prison without parole.

Nicole Brown, one of Menzies' friends, said she had known the defendant for 10 years and had never seen him act in anger or with violence. She said Menzies wouldn't be capable of waiting on a raised corner of the intersection of Highway 32 and Bruce Road in Chico and using a high-powered rifle to shoot Yang, while Yang was returning to work early on Sept. 21, 2011.

"The Jeff that I know wouldn't be capable of something like that," Brown said.

Menzies' father, Tim, testified about meeting his son twice during the day before the shooting. He first brought a change of clothes — blue jeans and a white T-shirt from a tax-preparation company — to Menzies at his work. Tim Menzies said his son wore the same clothes when they met at the Empire Club in Durham later that day.

The bar was relatively quiet that night. The defendant didn't get into a fight or act in anger, Tim Menzies said.

They left the bar near 2 a.m., and headed toward their respective homes — in Chico for the defendant and in Richvale for Tim Menzies.

Under cross-examination by supervising deputy district attorney Mark Murphy, Tim Menzies said he didn't know how much his son had to drink, but acknowledged telling officers after the shooting he felt the defendant was OK to drive.

Murphy also asked the defendant's father about his son telling him a .270-caliber rifle was missing. Tim Menzies said his son sounded distraught, but didn't tell him where the rifle was.

Asked by Foster, Tim Menzies said his son wore polo shirts, but not black-colored ones. Other witnesses said Menzies typically wore lighter-colored clothing.

A black shirt and blue jeans were found in a bag the defendant allegedly placed into a Forest Avenue trash bin in the hours following the shooting. A test of a piece of black fabric recovered along a possible route from the scene indicated Menzies was a likely contributor of DNA found there.

Later in the day, Murphy showed the jury a brief video to demonstrate the defendant wore collared shirts. In the video, Menzies is seen in a shirt with broad black-and-red horizontal stripes while rapidly firing two pistols at an unseen target before turning toward the camera and excitedly laughing.

Foster recalled senior criminalist Don Dunbar of the state Department of Justice's Chico crime lab. Dunbar said he discovered traces of lead on the exterior and interior of Yang's front passenger window shattered by the gunshot. The lead trace inside the window was stronger than the five, fainter traces on the exterior.

On cross-examination, Dunbar said it is difficult to determine if the lead came from a gunshot or another source. He also conceded it was possible for the test to produce a false positive or negative.

Dunbar also testified a high-powered rifle can deposit gunshot residue, including lead, on a target up to 15 feet away.

The prosecution alleges Menzies was about 65 feet away from Yang, while Foster has asserted the shot was fired closer to the car.

The defense also continued to inquire about police interviews with Menzies' friend, Daniel Slack, who testified Friday Menzies told him about shooting a man hours after the incident.

Foster questioned district attorney's investigator Sid Crane, who interviewed Slack two days after the shooting with Chico police detective Stan Duitsman. Duitsman had initially contacted Slack on the day of the shooting and convinced him to be truthful after Slack misled police about Menzies' whereabouts.

The defense attorney inquired about apparent inconsistencies on when Menzies purportedly told Slack he killed a man — either during an initial attempt to recover Menzies' car parked near the scene or when they went to get breakfast later that day.

On Friday, Slack said Menzies told him on the initial trip about having something to do with the police roadblock around the scene. Menzies reportedly confessed about the shooting during the breakfast trip.

Foster also asked about Slack telling Crane he could be in trouble if children found the rifle Menzies allegedly hid near Dead Horse Slough northwest of the scene. Crane said he didn't ask why Slack felt that way.

The defense has alleged Slack joined Menzies in a failed attempt to rob Yang when the shot was fired.